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Getting arrested in Nevada these days can be uncomfortable and scary, which is why we’ve put together some information around Nevada’s mugshot laws, arrest procedures, DUI laws in Nevada, and penalties for first-time offenders.
If you are detained, you may be kept in confinement until a bond hearing. This is when you can request your freedom.
When you are arrested, the time of day plays a factor in how long you may spend in jail. If you are arrested on a Saturday night it may be until Monday morning before a judge.
Everyone should know their rights and laws if they should ever unfortunately get arrested. All individuals must be well informed to better protect your best interests.
A Nevada criminal defense lawyer who serves clients in Las Vegas can accommodate you with legal advice and representation if needed. You can also consider calling a lawyer referral service in your area that will be able to provide you with the names and contact numbers of up to three lawyers practicing in the area of law that best suit your legal needs.
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Can Nevada Police Officers Use Deadly Force During an Arrest?
Seldom the usage of deadly force is unmistakably warranted whereas sometimes the situation is less obvious.
Odds enough, the use of deadly force can be deemed a breach of your 4th Amendment Rights which discusses unreasonable and seizure.
The idea is that the application of deadly force to unreasonably restrain a suspect from fleeing or leaving the scene.
This started to happen in the 1980s as the Supreme Court announced a list of judgments declaring the days of “stop or I’ll shoot” unlawful and unacceptable in the United States.
Deadly force is no longer suitable under many state law enforcement policies. That is unless a suspect is considered armed and dangerous or signaling signs of fleeing.
From a law enforcement officer’s perspective, there is little to no time that transpires before you have to make a split-second decision to restrain them with more force than necessary or risk them getting away.
For this reason, police officers are committed to recognizing every situation by reasonable thinking and making a well-informed decision fast.
- Is the situation potentially harmful to others?
- There is reasonable cause to assume that the suspect has a deadly weapon?
- Is it reasonable to assume that if he/she has a weapon, will they use it?
- The suspect cannot be reasoned with or calmed down by talking plainly.
- The only way to restrain the suspect is by use of deadly force.
This decision making is done within fractions of a second. Therefore, the officer must make split-second choices based on comprehensive education and training.
When Can A Nevada Law Enforcement Officer Arrest a Person?
Nevada has formed somewhat of code or procedure when it comes to criminal charges. It lays out the laws for the entire criminal case process.
Let’s take a look at the Nevada Revised Statute Section. NRS 171.126, establishes when a law enforcement officer can take you into custody.
According to Nevada mugshot laws, an arrest can be 24/7, night, or day if you are found to be allegedly guilty of a gross misdemeanor or even a felony.
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On the other hand, if you were charged with a simple misdemeanor offense according to Nevada mugshot laws, you cannot be arrested between the hours of 7:00 PM and 7:00 AM.
Except under certain conditions:
- The judge puts out a court order that you be arrested and supports the order for an arrest warrant.
- When a crime is perpetrated within the proximity of a Nevada law enforcement officer.
- The arrest occurs in public provided there is a warrant for an arrest backed with probable cause.
- When an individual sees a crime happen and calls for an arrest to be made shortly after.
- In Nevada, an arrest must happen on any and all domestic violence house calls.
- Violating an active protection order.
- When you turn yourself in response to an active search warrant.
Nevada Mugshot Law: Felony or Gross Misdemeanor Offence
Misdemeanors consist of any and all crimes where the time spent in jail varies. Sentencing will range from 0-90 days as well as $1,000 maximum fine.
Gross misdemeanors on the other hand have a sentencing duration of 0-12 months in jail and/or a maximum fine of $5,000.
3 Classes of Nevada Felonies:
- Class C felonies carry maximum sentencing of 5 years in state prison with a maximum fine of $10,000.
- Whereas Class B felonies carry maximum sentencing of 10 years in state prison with a maximum fine of $20,000.
- Class A felonies can include a life-time sentence and a maximum fine of $50,000 fine,
- Aggravated murder is punishable by death sentencing.
When it comes to misdemeanors or gross misdemeanors, the sentencing advisor will regularly advise a lesser sentence accompanied by house arrest following their release.
A predetermined set of standardized ranges is then implemented, which is graded on a severity level and prior offenses.
Therefore, a first time offender will most likely receive a lesser sentence when compared to a habitual offender.
State of Nevada DUI Laws
The first thing you should realize when you get arrested for DUI in the state of Nevada. One thing is for certain, it can have profound effects on your future.
A criminal record will negatively influence any future employment opportunities, by embedded poor connotations onto your permanent arrest record forever
A Nevada DUI lawyer studies in the complexities of Nevada courtroom systems can certainly influence the outcome on your behalf.
Nevada Mugshot Laws & Penalties For First Offenders
In the state of Nevada, if your blood alcohol level reaches or exceeds 0.08%, you will be charged with DUI.
However, for those below 21 years old the limit is 0.04% and 0.02%. This is for obvious reasons.
There are certain circumstances when law enforcement officers have the right to charge you with a DUI when you’re under the BAC limit of 0.08%. For example, they see you drinking and driving or smell alcohol on your breath.
In Nevada, a first-time DUI offender can face upwards of 6-months in jail and a $1,000 fine.
There is also a mandatory attendance for a victim impact panel. This is where you hear stories from survivors who have lost someone due to a drinking and driving-related accident.
When it comes to Nevada’s mugshot laws, once you have been charged with a crime, regardless of whether or not you were convicted of the crime, any personal information pertaining to that charge can be easily accessible online. If you were only arrested or charged with an offense, but not convicted, then your mugshot may still be on the internet.
Some of these websites that have your mugshot might charge you a removal fee, but if you can show proof that you were never convicted of the charge, or that you have been exonerated, you are legally entitled to a mugshot removal from the site, free of charge. If, on the other hand, you were in fact convicted of the crime, there are alternative solutions to removing specific information from search.
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